Florida Judge Quotes Christmas Movie In Ruling Obama Eligible

Florida Democrat Michael Voeltz had filed a lawsuit against Barack Obama’s eligibility to serve as President of the United States and claimed that he was a threat to the safety and security of the United States. Larry Klayman, founder of Freedom WatchUSA served as Voeltz’s attorney on the case.

On Dec. 13, Florida Circuit Court of Leon County Judge Kevin Carroll gave the plaintiffs until Dec. 23 to respond to Obama’s attorneys’ motion to dismiss the case. However, Judge Carroll went against his own order and dismissed the case on the 21st. In his dismissal, Carroll wrote:

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“This court notes that President Obama lives in the White House. He flies on Air Force One. He has appeared before Congress, delivered State of the Union addresses and meets with congressional leaders on a regular basis. He has appointed countless ambassadors to represent the interests of the United States throughout the world.”
“As this matter has come before the court at this time of the year it seems only appropriate to paraphrase the ruling rendered by the fictional Judge Henry X. Harper from New York in open court in the classic holiday film ‘Miracle on 34th St.’ ‘Since the United States Government declares this man to be president, this court will not dispute it. Case dismissed.’”

Carroll’s dismissal was immediately challenged by Klayman claiming that the judge prematurely dismissed the case without a proper hearing as described by state law. Klayman explained:

“This act also flies in the face of this court’s own order of Dec. 13, 2012, which was law of the case.”

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“This court had a statutory duty under the Florida Election laws, the Florida and U.S. Constitutions, and 3 U.S.C. Section 5, to adjudicate defendant Obama’s eligibility and his alleged fraudulent acts expeditiously, timely, and before the electors met on Dec. 17, 2012, and before the Electoral College votes on Jan. 6, 2013. Thus, this court also violated these law is dismissing the complaint summarily.”

“This court seems to want to sidestep having to reach these serious and important matters before it.”

Klayman also noted that Judge Carroll made an inappropriate remark concerning a friend of his who had been appointed to a federal post by Obama and indicated that it may demonstrate bias on the part of the judge.